Virginia Criminal Defense Attorney
A Fairfax carjacking lawyer can help equip you with the knowledge you need about charges and definitions related to carjacking. Carjacking has a few elements. It is one of the most serious charges involving cars. The elements of carjacking can be split into three elements. First, it is an intentional seizure of possession or seizure of control of a vehicle, so it has to be a car as defined by the Virginia statute.
The second element is that the seizure of control should be done with the intent to permanently or to temporarily deprive another person of possession or control. Third, it has to be done by means of force or threat of force. The code breaks it down by means of strangulation, suffocation, striking, beating, violence, or assault on the person who is in possession or in control of the vehicle.
It is important to point out that the statute includes not just seizing possession, but also control. It is not a defense to say that somebody carjacked from somebody who is not the lawful owner of the car. The Virginia statute specifies that carjacking also involved motorized vehicles. Talk to a professional Fairfax theft lawyer who can provide more information.
There is a myriad of charges that could be involved in carjacking. The first one is assault and battery. One of the elements of carjacking is seizing control or possession by means or threat of force, so assault and battery would be a natural charge arising out of a situation. If that happens on a police officer, there is a separate charge for that as well – assault and battery on a law enforcement officer. Other charges include strangulation, malicious wounding, and different charges involving guns use. All of those charges could arise out of a carjacking charge. A Fairfax carjacking lawyer can describe them in further detail.
The first thing any lawyer would want to know is the circumstance surrounding what took place. For carjacking cases, an attorney would want to know whether the person had permission to drive that vehicle and whether they intended to permanently deprive the person of the vehicle. They would also want to know things like whether there was a weapon involved, and if so why was there a weapon on the scene, did the person have authorization to carry a weapon, what the circumstances were, what was the intention, and what was the location of the alleged charge. It is also important to see if there is any video footage and any witnesses that could have seen what happened. A person charged with carjacking should expect a lawyer to want to know as much information as possible.
Carjacking is one of the more serious offenses in terms of theft, and in particular, theft charges involving a motor vehicle. It carries the penalty of up to life in prison and a term of not less than 15 years in prison. It is classified as a felony. It has very serious consequences. It would result in a criminal record, loss of liberty, and social consequences as well. A person should contact a Fairfax carjacking lawyer right away to assess their situation and try to mitigate charges. There are some lower-level offenses that carjacking can be amended to and a lawyer should be able to distinguish if that is a possibility and if it is the right charge.